HC order on BNP’s ‘fictitious cases’ writ Sunday

Dhaka, Nov 22 – The High Court on Thursday fixed next Sunday for delivering its order on a writ petition filed over ‘fictitious cases’ against activists of BNP and other political parties across the country, particularly in Dhaka. After concluding hearing from both sides, the single member HC bench comprising of Justice Md Nazrul Islam Talukder yesterday fixed the date for delivering its order on the petition.
During the hearing, Advocate Khandaker Mahbub Hossain, counsel for the petitioner, told the court that thousands of false cases were filed arbitrarily against lakhs of opposition political activists in a mala fide intention, which was politically motivated. Even, a few dead people have reportedly been made accused in the cases, he said.
He also said that police filed at about 4,000 cases across the country in September against leaders and activists of BNP and other political parties in order to create panic ahead of the upcoming parliamentary election. So, the HC should issue a rule on the government to explain the legality of these cases and why legal action should not be taken against the police officers who filed the cases.
However, Deputy Attorney General Amin Uddin opposed his submission saying that every case will be investigated, and if any innocent or dead person is made accused in the cases they will be exempted.
Three pro-BNP lawyers— Advocate Khandker Mahbub, Advocate Nitai Roy Chowdhury and Advocate Sanaullah Mia—who are also accused in the cases, had on September 23 filed the petition before the HC, seeking the court’s directives on the government to form a probe body to investigate the legitimacy of the around 4,000 cases.
Earlier on October 9, a two-judge HC bench delivered a split order on the same petition.
Following the petition, the two-member bench of the HC had on October 9 delivered a split order on the same petition.
Justice Moyeenul Islam Chowdhury, senior judge of the bench, in his order, directed the inspector general of police (IGP) to engage the investigation officers concerned in monitoring and inquiring into the alleged fictitious cases filed in Dhaka.
He asked for a report in 60 days and set December 17 for issuing further orders.
The judge also issued a rule on the authorities concerned to explain in four weeks why the filing of such cases should not be declared illegal and actions should not be taken against the police officials concerned.
However, the other member of the bench, Justice Md Ashraful Kamal, summarily rejected the petition, saying it was not acceptable as the petitioners had no right or ability to move such a petition before the court.
The judges then sent the petition along with their orders to the chief justice.
After receiving it, Chief Justice Syed Mahmud Hossain assigned the bench of Justice Nazrul Islam Talukder for final hearing and disposing of the petition.
After completing final hearing, the HC bench yesterday fixed next Sunday for delivering its order on the petition. – Staff Reporter